Case Note & Summary
The petitioner, Ganesh Dhondu Baviskar, filed a writ petition before the Bombay High Court challenging an order dated 28-03-2011 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, which invalidated his tribe certificate certifying him as belonging to the 'Thakur' Scheduled Tribe. The petitioner had obtained the certificate from the Executive Magistrate, Chopda, and it was referred to the Scrutiny Committee for verification. The committee, after an inquiry, passed the impugned order invalidating the certificate. The petitioner contended that the committee failed to consider relevant documents, including the school leaving certificate of his father, which showed the father's tribe as 'Thakur', and his own school records. The committee also did not consider the affinity test or other corroborative evidence. The respondents, including the State of Maharashtra and the Scrutiny Committee, defended the order, arguing that the committee had conducted a proper inquiry. The court, after hearing the parties, observed that the committee had not considered the father's school leaving certificate and other vital documents. The court held that the committee's order was unsustainable as it was based on an incomplete and perfunctory inquiry. The court quashed the order and directed the committee to reconsider the matter afresh, giving the petitioner an opportunity to produce all relevant documents and to conduct a proper verification in accordance with law. The petition was allowed with no order as to costs.
Headnote
A) Scheduled Tribe Certificate - Scrutiny Committee - Invalid Order - The Scrutiny Committee invalidated the petitioner's 'Thakur' tribe certificate without considering crucial documents like the school leaving certificate of the petitioner's father and the petitioner's own school records, which were relevant to establish tribal affinity. The court held that the committee's order was unsustainable as it failed to apply its mind to the available evidence and conducted a perfunctory inquiry. (Paras 1-10) B) Natural Justice - Fair Hearing - The committee did not provide the petitioner an adequate opportunity to present his case, as it ignored vital documents submitted by the petitioner. The court held that the principles of natural justice were violated, and the order was liable to be quashed. (Paras 5-8) C) Burden of Proof - Tribe Certificate - The initial burden to prove tribal status lies on the claimant, but once prima facie evidence is produced, the committee must consider it. In this case, the petitioner had produced sufficient documentary evidence, which the committee failed to evaluate properly. (Paras 6-9)
Issue of Consideration
Whether the Scheduled Tribe Certificate Scrutiny Committee's order invalidating the petitioner's tribe certificate was sustainable when the committee failed to consider relevant documents and conducted an incomplete verification process.
Final Decision
The writ petition is allowed. The impugned order dated 28-03-2011 passed by the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar, is quashed and set aside. The matter is remitted back to the committee for fresh consideration, giving the petitioner an opportunity to produce all relevant documents. The committee shall conduct a proper verification in accordance with law and pass a fresh order within four months. No order as to costs.
Law Points
- Scheduled Tribe Certificate Scrutiny
- Natural Justice
- Burden of Proof
- Reappreciation of Evidence
- Writ of Certiorari
